Maurer, Judith: Der Vermögensnachteil in der Untreue - Möglichkeit einer Kompensation durch rechtlich missbilligte Vorteile.

»The pecuniary loss in the embezzlement. The possibility of compensating asset outflows through illegally obtained profits. An examination in the light of recent developments in jurisdiction«: In cases of corporate embezzlement, when an employee uses company funds to obtain lucrative contracts through bribery, a central question is whether the company suffers a loss within the meaning of Section 266 StGB as a result of the bribery or whether its assets are ultimately increased by obtaining the contract. This work shows that illegally obtained profits must be included in the assessment of the economic loss and that the compensation of asset outflows must be assessed purely economically.